Meetings
 
Agenda Item
Docket No. 18-1539
 
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RE:
Request that the Board waive the $400, $200 and $320 campaign finance late fees assessed against John Gagnard, a candidate for Member of School Board, District 9, Avoyelles Parish, in the November 6, 2018 election, whose 10-P, Special and 10-G campaign finance disclosure reports were filed 10, 5 and 8 days late, respectively.
Facts:
John Gagnard states that he was confused about which reports were required to be filed at certain times. He and his wife are both retired educators. They both receive pensions and live on a limited income.

Comments:
ELECTION: November 6, 2018
TYPES OF REPORT: 10-P, Special and10-G
DAYS LATE: 10, 5 and 8
ASSESSED FEE: $400, $200 and $320
REPORTS DUE: October 29, 2018; November 1, 2018 and November 28, 2018
REPORTS FILED: November 8, 2018; November 8, 2018; December 6, 2018
ACTIVITY REPORTED: 10-P: $1,164 in Receipts; $1,124 in Disbursement; $500 in Funds on Hand at Close of Reporting

Special: $500 in Receipts

10-G: $0 in Receipts; $0 in Disbursements 1,000 Funds on Hand at Close of Reporting Period


OTHER LATE FILINGS: None

Law:
18:1505.4.A(1) Any candidate, the treasurer or chairman of a political committee, or any other person required to file any reports under this Chapter, who knowingly fails to file or who knowingly fails to timely file any such reports as are required by this Chapter may be assessed a civil penalty for each day until such report is filed.

18:1484.(2)(b). Each candidate for any other public office shall file reports of contributions in excess of two hundred dollars in the aggregate during the aggregating period. For purposes of this Paragraph only, a contribution by a candidate for his own campaign for a public office other than a major office or district office shall not be considered in determining whether the candidate has received a contribution in excess of two hundred dollars in the aggregate.

18:1495.4C During the period beginning at midnight of the twentieth day prior to a primary election and extending through midnight of primary election day, and during the period beginning at midnight of the twentieth day prior to a general election and extending through midnight of general election day, each candidate shall file a report with the supervisory committee of:

(1)(a) The full name and address of each person from whom the candidate has received and accepted a contribution or loan during such period in excess of the following amounts: a candidate for any major office, one thousand dollars; a candidate for district office, five hundred dollars; a candidate for any other office, two hundred fifty dollars. (b) Such report shall include the amount and date of each such contribution or loan reported, and a brief description and valuation of each in-kind contribution. If a loan is reported, the report shall contain the name and address of the lender, of the recipient of the proceeds of the loan, and of any person who makes any type of security agreement binding himself or his property, directly or indirectly, for the repayment of all or any part of the loan.

(2) Any expenditure in excess of two hundred dollars made to a candidate, committee, or person required to file reports by this Chapter, who makes endorsements, including the full name and address of each person to whom such expenditure is made, the amount, date, and purpose of each such expenditure, and a brief description and valuation of an in-kind expenditure.

(3) Each report required by this Subsection shall be filed within forty-eight hours after the time the contribution or loan is received or expenditure made. If such time falls other than during regular working hours, the report shall be filed as soon as possible after the opening of the office of the supervisory committee on the next working day after the time at which the report is otherwise due.

Recommendations:
Decline to waive for the 10-P report.

Suspend all but $100 for each of the Special and 10-G reports and allow a payment plan.

The late fees must be paid within 30 days or the suspended portion becomes due and owing.

Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2018-1539 Waiver Requests (10-P _ Special)
2018-1539- Waiver request for 10-G John E. Gagnard